REPUBLIC OF THE PHILIPPINES. COMMISSION ON ELECTIONS Intramuros, Manila GENERAL INSTRUCTIONS FOR THE CONSTITUTION, COMPOSITION AND APPOINTMENT OF ELECTORAL BOARDS; THE PROCESS OF FINAL TESTING AND SEALING OF THE VOTE COUNTING MACHINES; AND THE VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09 MAY 2022 NATIONAL AND LOCAL ELECTIONS. scat Xx ABAS, Sheriff M. GUANZON, Ma. RowenaAmelia V. INTING, Socorro B. CASQUEJO, Marlon S. KHO, Antonio T. Jr. FEROLINO, Aimee P. RESOLUTION NO. 10727 Chairman Commissioner Commissioner Commissioner Commissioner Commissioner PROMULGATED: November 10, 2021 WHEREAS, the Commission on Elections adopts a paper-based automated election system using the Vote Counting Machines for the 09 May 2022 National and Local Elections; WHEREAS, there is a need to provide rules and general instructions for the constitution, composition and appointment of Electoral Boards, DESO, Support Staff and Medical Personnel; The process of Final Testing and Sealing and Voting, Counting and Transmission of Election Results; WHEREAS, considering the outbreak of the COVID-19 pandemic, there is a need to set forth herein health and safety standards and protocols to mitigate, if not prevent, the transmission of the infectious disease during the conduct of the elections;NOW THEREFORE, pursuant to its authority under the Constitution, the Omnibus Election Code, Republic Act No. 9369, Republic Act No. 10756 and other election laws, the Commission on Elections RESOLVED, as it hereby RESOLVES, to promulgate the following General Instructions on the constitution, composition and appointment of the Electoral Board; the process of Final Testing and Sealing of the Vote Counting Machines; and the voting, counting and transmission of election results. ARTICLE I DEFINITION OF TERMS SECTION 1. Definition of Terms. - As used in this General Instructions the following terms shall mean: a) Accessible Polling Place (APP) shall refer to the venue where the Electoral Board (EB) conducts election-related proceedings and where Persons with Disability (PWD), Senior Citizens (SCs) and Indigenous People (IP) voters cast their votes. The APP shall be located at the ground floor, preferably near the entrance of the building, and is free of any physical barriers, and provided with necessary services including assistive devices. b) Beneficiaries shall refer to the qualified compulsory heirs of the deceased person rendering election service. Qualified compulsory heirs shall refer to persons defined under the Civil Code of the Philippines and other pertinent laws. c) Clustered Precinct shall refer to the group of established precincts located within the same barangay and voting center. d) CEMAC shall refer to the COMELEC Election Monitoring Action Center. e) Commission shall refer to the Commission on Elections. 1) Compensation shall refer to per diem, honoraria, or allowances granted to the Members of the Electoral Board (EB), Department of Education and Ministry of Basic, Higher and Technical Education of the Bangsamoro Autonomous Region in Muslim Mindanao Supervisor Official, and support staff. 8) DepEd shall refer to the Department of Education. h) DESO shall refer to the Department of Education and Ministry of Basic, Higher and Technical Education of the Bangsamoro Autonomous Region in Muslim Mindanao Supervisor Official designated to manage a voting center.DESO Safety Protocol Officer Support Staff shall refer to the person charged with ensuring that minimum public health standards are observed within the voting cent j) DESO Technical Support Staff shall refer to persons appointed to provide VCM technical support. k) Election Day Computerized Voters’ List (EDCVL) shall refer to the computerized list of registered voters with voting records in the Polling Place. Electoral Boards (EB) shall refer to the Board of Election Inspectors (BEI) and Special Board of Election Inspectors (SBEI) who will conduct the Final Testing and Sealing of Vote Counting Machine, voting and counting and transmission of election results. m)Emergency Accessible Polling Place (EAPPs) shall refer to rooms or makeshift/temporary polling place established at the ground floor of a voting center or outside of it but in close proximity thereto, where Persons with Disabilities (PWDs), Senior Citizens (SCs) and heavily pregnant women voters may vote on election day, specifically: PWD/SC who did not avail of APPs; . PWDs who failed to update their registration record; . Persons who become disabled/incapacitated temporarily or permanently after the continuing registration of voters ended; and 4. Heavily pregnant voters, who are six (6) months on the family way. ode n) Election-related risk shall refer to any death or injury sustained by reason of or on the occasion of the performance of election service or duties. 0) IATF-MEID shall refer to the Inter-agency Task Force for the Management of Emerging Infectious Diseases created by virtue of Executive Order No. 168, s. 2014. p) Isolation Polling Place shall refer to rooms or makeshift tents established in every voting center where voters evaluated by the Medical Personnel to be suffering from a fever of 37.5 degrees Celsius or higher, or any of the COVID-19 symptoms, may cast their vote. @) Medical Personnel shall refer to those health care workers tasked to check voters with temperatures of 37.5 degrees Celsius, or exhibiting any symptoms of COVID-19 virus. 1) MBHTE shall refer to Ministry of Basic, Higher, and Technical Education of the Bangsamoro Autonomous Region in Muslim Mindanao.s) Minutes shall refer to the Minutes of the Final Testing and Sealing of VCM, Voting, Counting, and Transmission of Election Results (C.E. Form No. A11). National Government Agencies shall refer to the government agencies, other than the DepEd and MBHTE, which have endorsed to the Commission, the list of their respective personnel who are qualified, willing, and available to render election-related service. u) National Government Employee shall refer to any person in the service of the entire machinery of the central government, its agencies, divisions, subdivisions or instrumentalities as distinguished from the different forms of local governments, through which the functions of the government are exercised throughout the Philippines. v) Other Benefits shall refer to death and/or hospitalization benefits granted to persons rendering election service or to their beneficiaries under Republic Act No. 10756, including the provision of legal assistance and legal indemnification. Ww) Persons rendering election service shall refer to persons appointed by the Commission to render election-related service as Chairperson or Members of the Electoral Boards, DESO, and their respective support staff. x) Polling Place shall refer to the place where the Electoral Board conducts its proceeding and where the voters cast their votes. y) Posted Computerized Voters’ List (PCVL) shall refer to the computerized list of voters posted outside each polling place. 2) PPCRV shall refer to the Parish Pastoral Council for Responsible Voting. aa) Public School Teacher shall refer to all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school _ librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. bb) Registered Voter shall refer to a voter whose name is included in the Election Day Computerized Voters’ List (EDCVL) and Posted Computerized Voters’ List (PCVL). cc) Support Staff shall refer to persons appointed to assist the Members of the Electoral Boards and the DESO in the performance of their duties.dd) VCM shall refer to Vote Counting Machine. ee) VAD shall refer to Voters’ Assistance Desk. ff) Voting Center shall refer to the building or place where the polling place is located. gg) VVPAT shall refer to Voter Verifiable Paper Audit Trail. ARTICLE II CONSTITUTION, COMPOSITION, AND APPOINTMENT OF ELECTORAL BOARDS, DESO, AND SUPPORT STAFF SEC. 2. Scope. - This Article shall apply to the constitution, composition, and appointment of the EBs, DESO, and Support Staff. Local absentee voting and overseas voting shall be governed by separate Resolutions. SEC. 3. Electoral Board (EB). - There shall be an EB for every clustered precinct. SEC. 4, Authority to Constitute and Appoint the Members of the Electoral Board. - The Commission, through the Election Officers, shall constitute and appoint, from January 17 to 31, 2022, the EB for every clustered precinct in the district, city, or municipality using the prescribed form (CEF No. AS and AS-A — copies of Appointment and Oath). Copies of CEF No. A5 and AS-A shall be distributed as follows: a) The first and second copies shall be retained by the EO. One copy shall be for filing and the other shall be attached to the payroll for payment of honorarium of the EB; and b) The third copy shall be issued to the chairperson and members of the EB concerned. SEC. 5. Composition of the Electoral Board. - The EB shall be composed of a chairperson, poll clerk, and third member. In all cases, the EO shall ensure that at least one (1) member of the EB is an information technology-capable person trained for the purpose, and certified as such by the Department of Science and Technology (Dost). As far as practicable, women EB members may not be assigned in areas with security concerns, far flung barangays, or areas likely to cause gender-based violence or to result in physical, sexual, or psychological harm.SEC. 6. Right of Preference. - In the appointment of the members of the EB, the EO shall give preference to public school teachers who are qualified, willing, and available to render election service. For this purpose, the highest DepEd/MBHTE official, as the case may be, in the district, city, or municipality shall submit to the EO a certified list of public-school teachers and substitutes who are qualified, willing, and available to render election-related service within five (5) days upon request, based on the Project of Precincts (POP). The EO shall give preference to those with permanent appointments and those who served in previous elections based on the prescribed form (see Annexes “a” and “A-1”). The request shall be accompanied by a copy of the POP, The number of substitutes shall be 20% of the total number of members of the EB to be appointed (i.e. 20 clustered precincts x 3 = 60 x 20% = 12, hence, 12 substitutes). In the preparation of such list, the DepEd or MBHTE official shall exercise due diligence to ensure that the persons appearing in the said list are indeed public-school teachers, who are qualified, willing, and available to serve as members of the EB. Further, the list is for recommendatory purposes only. Within three (3) days from receipt of the list, the EO shall immediately conduct verification on the qualifications of the persons appearing in the said list based on the qualifications set forth in the immediately succeeding section. Public-school Teachers not included in the list, who are qualified, willing and available, may apply directly to the EO. SEC. 7. Qualifications of Members of the Electoral Board. - No person shall be appointed as a Member of the EB, whether regular, temporary, or as a substitute, unless such person is: a) A registered voter in the city or municipality; b) Of good moral character and irreproachable reputation; ©) Of known integrity and competence; d) Has never been convicted of any election offense or of any crime punishable by more than six (6) months of imprisonment, or has no pending Information for any election offense; and €) Able to speak and write Filipino, English, or the local dialect. Preference shall be given to individuals who are fully-vaccinated, without comorbidities, and below sixty (60) years old. Members of the EB are required to have their respective digital certificates issued by the Philippine National Public Key Infrastructure (PNPKI) of the Department of Information and Communications Technology (DICT) SEC. 8. Disqualification of Members of the Electoral Board. - No person shall be appointed as a member of the EB if said person is related, within the fourth (4*) civil degree of consanguinity or affinity, to 6any member of the same EB, to any candidate to be voted for in the polling place of assignment, or to the said candidate's spouse. SEC. 9. Notice of Disqualification. - The chairperson or any member of the EB who is disqualified to serve for any reason shall immediately notify, in writing, the EO concerned. SEC. 10. Posting of the List of the Constituted Members of the Electoral Boards. - A day after the constitution of the EB, the list of the constituted members and substitutes shall be posted for five (5) days on the bulletin boards in the Office of the EO (OEO) and in the city or municipal hall. SEC. 11. Opposition to the Designated Members of the Electoral Boards. - Within three (3) days from the posting of the list of appointed members of the EB or the posting of the final list of candidates, any interested party may file a written opposition under oath against any appointed members of the EB at the OO. In case an opposition is filed, the EO shall observe the following procedures: a) Receive the written opposition. No opposition shall be acted upon by the EO, unless there is proof that a copy of the opposition has been furnished to the contested member; b) Issue a notice to the contested member to answer the opposition. The answer shall be filed within two (2) days from receipt of such notice. No answer shall be considered by the EO, unless there is proof that a copy of said answer has been sent to the opposing party; ©) With or without an answer, issue a notice stating the date, time, and place of the evaluation of the opposition. The notice shall be personally delivered to the known addresses of the parties; 4) Within a period of seven (7) days from receipt of the opposition, the EO shall resolve the opposition in writing stating the reason/s for the decision. The decision shall be final and non- appealable; and ) Copies of the decision shall be furnished to the parties and the concerned DepEd/MBHTE official. Non-appearance of the parties shall not be a ground for the dismissal of the opposition or disqualification of the contested member, nor shall effectively bar the EO from conducting further investigation on the qualifications of the contested member. SEC. 12. Appointment of Public-school Teachers as Substitutes. — In case of disqualification of a member of the EB, the EO shall appoint a substitute who is qualified, willing, and available.In the appointment of substitutes, the EO shall observe the procedures in Sections 10 and 11 of this Resolution. If the designation of public-school teachers as substitutes is no longer feasible, other qualified substitutes as enumerated in the succeeding rule may be appointed. SEC. 13. Grounds for the Appointment of Qualified Substitutes. -In case there are not enough public-school teachers, who are qualified, willing, and available, other qualified substitutes may be appointed by the Commission, through the EO, in either of the following cases: a) There is a lack of public-school teachers to be constituted as members of the EB based on the certified list submitted by the DepEd/MBHTE official to the EO vis-a-vis the number of clustered precincts in the district, city, or municipality; or b) One or more of the public-school teachers in the certified list has or have been disqualified by the EO and there are no other public-school teachers in the locality who are qualified, willing, and available to be appointed as substitute/s. Substitutes shall be on-call on election day. The EO shall cause the deployment of a substitute in case any member of the EB fails to report in their designated polling place. Except in the following instances when there is a need to fill in a temporary vacancy, the members of the EB who are present, may appoint a qualified non-partisan registered voter, who shall serve until the regular or substitute member appears: a) There is considerable distance between the residence of the substitute and the location of the polling place; b) Lack or difficulty of means of transportation; or ©) Inability of the EB to inform the EO of the non-appearance of any of the member. SEC. 14. Order of Preference. - In case any of the circumstances mentioned in the preceding section exist, the EO may appoint the following persons based on their order of preference, who shall likewise be qualified, willing, and available to render election related service, to wit: a) Private school teachers, giving preference to: a.1.Those employed in private schools being utilized by the Commission as voting centers. If the voting center is a public building, private school teachers whose place of employment is within the vicinity may be appointed as members of the EB in that particular area. a.2. Those teaching in high school or college level, holding regular positions who have previously served as member of the EB.For this purpose, the highest private school official shall submit to the EO, within five (5) days upon request, a certified list of private school teachers who are qualified, willing, and available to render election-related service (see Annex “B”). b) National government employees; b.1. DepEd/MBHTE non-teaching personnel; b.2. Other national government officials and employees holding regular or permanent positions, excluding uniformed personnel of the Department of National Defense (DND), all its attached agencies, and the Philippine National Police (PNP), except in cases provided in Sec. 32 of this Resolution; c) Members of the Commission-accredited citizens’ arms of other Civil Society Organizations (CSOs) and Non-government Organizations (NGOs) duly accredited by the Commission; and d) Any registered voter of the city or municipality of known integrity and competence who is not connected with any candidate or political party; d.1. Connection with any candidate shall mean: d.1.1, relationship within the fourth (4%) civil degree of consanguinity and affinity, including the spouse of the candidate; .1.2. supporter; .1.3. contributor, donor; or .1.4, other analogous cases. poe 4.2. Connection with any political party shall mean: .2,1.members of officials of the political party and their spouses and members of the family within the fourth (4%) civil degree of consanguinity and affinity; 4.2.2. contributor, donor; d.2.3, supporter; or d.2.4. other analogous cases. For this purpose, the following persons shall endorse a certified list of their respective personnel, who are qualified, willing, and available to render election-related service, based on the POP to the EO within five (5) days upon request, to wit: 1. The highest official of the private school in the district, city or municipality, in case of letter (a) above. In case there are two or more private schools in the district, city or municipality, the EO shall send a request simultaneously {see Annex “C”); nN . The DepEd or MBHTE official mentioned in the 2h paragraph of Section Ghereof, in case of letter b.1. above (see Annex “D”);3. The highest official of other national government agencies in the district, city, or municipality in case of letter b.2. above, if any; or 4. The highest officer of authorized representative of the local chapter of Commission-accredited citizens’ arms or other CSOs and NGOs duly dited by the Commission in the district, city, or municipality, in case of letter c above. In case there are two or more organizations in the district, city, or municipality, the EO shall send the request simultaneously (see Annex “E”); In cases of numbers 1 and 4, the EO shall observe the policy on first-come first-served basis. The endorsement of the heads of the agencies shall serve as an authority for their respective employees who shall render election-related service to be on official business for purposes of attending trainings or seminars relative to their appointments as members of the EB. In the preparation of the list, the aforementioned officials shall exercise due diligence to ensure that the persons appearing therein are indeed qualified, willing, and available to render election-related service. Private school teachers, national government employees, DepEd/MBHTE non-teaching personnel, other national government officials, and employees holding regular or permanent positions, excluding uniformed personnel of the DND and all its attached agencies, and members of the Commission-accredited citizen arms, or other civil society organizations, and non-governmental organizations duly accredited by the Commission, not included in the Lists, who are qualified, willing and available, may apply directly to the EO. With regard to letter “d” of this Section, the Commission shall provide, free of charge, an application form, which shall be made available at the OEOs for any registered voter who intends to be appointed as a member of the EB. The Information Technology Department (ITD) of the Commission shall ensure that the said form may be downloaded from its official website for easy access thereto. SEC. 15. Posting of Notice of Date, Time, and Place of Filing of Application of Qualified Substitutes. - The Commission shall set the period within which applications for qualified substitutes falling in Section 14 (d) may be filed. At least three (3) days before the start of the period for the filing of applications, the notice of the date, time, and place of filing shall be posted on the bulletin boards in the OEO and in the city of municipal hall.SEC. 16. Posting of the List of Applicants and Filing of Opposition. - Upon receipt of the certified lists mentioned in Section 14 above and after the last day of the period for filing of applications, the EO shall observe the procedures mentioned in Sections 10 and 11 of this Resolution. SEC. 17. Authority to Administer Oath. - The EO shall have the power to administer oath in all cases where said oath is required, free of charge. SEC. 18. Oath of the Chairperson and Members of the Electoral Board. ~ Before assuming office, the chairperson or members of the EB shall take and sign an oath using CEF No. A5 and AS-A before an officer authorized to administer oath or, in the absence of said officer, before any other member of the EB present, or in case no one is present, before any voter. SEC. 19. Powers and Functions of the Electoral Board. - In addition to the powers and functions prescribed by law or by the rules and regulations issued by the Commission, the EBs shall: a) Conduct the Final Testing and Sealing of the VCM; b)_ Verify the identity of a voter using the EDCVL; c) Conduct the voting in the polling place and administer the electronic counting of votes; d) Digitally signed and print the election returns and transmit electronically the election results, through the use of the VCM; e) Act as deputies of the Commission in the supervision and control of the conduct of elections in the polling place; 1) Maintain order within the polling place and its premises to keep an open and unobstructed access thereto; g) Prohibit the use of cellular phones, cameras, or any recording device by the voters during voting; hy) Implement minimum public health standards, as provided in Article XIII of this Resolution, and to enforce obedience to its lawful orders. If any person refuses to obey the lawful orders of the EB or conducts in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the EB may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent such person from voting. In the absence of any peace officer, such order may be executed by any other competent and able person deputized by the EB in uwriting. A copy of such written order shall be attached to the Minutes; i) Furnish copies of the Certificate of Votes (C.E. Form No. 13) upon request of the watchers; and i) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission. SEC. 20. Voting privilege of the members of the Electoral Board - Members of the EB may vote in the polling place where they are assigned on election day, provided that: a) They are registered voters of the city within the same legislative district or municipality where they are assigned; and b) They shall add their names and precinct numbers and the place where they are actually registered in the EDCVL, and note such fact in the Minutes. Any member of the EB, who is a registered voter of another legislative/councilor district within the same city or municipality, may vote in the polling place where they are actually registered, provided that: a) The voting in their place of assignment is light; b) Their absence shall not be for more than thirty (30) minutes; ©) The members of the EB shall schedule the voting so that only one (1) member shall leave at any given time; d) They must be given priority in voting; and ¢) The fact that they exercised their voting privilege shall be noted in the Minutes. In the alternative, the EB may avail of local absentee voting pursuant to Comelec Resolution No.10725 dated 27 October 2021 entitled “Rules and Regulations on Local Absentee Voting in Connection with the May 09, 2022 National and Local Elections”. SEC. 21. Meetings of the Electoral Board. - The meetings of the EB shall be public and held only in the polling place authorized by the Commission. ‘The EB shall act through its chairperson, and without delay, decide by majority vote, all questions that may arise in the performance of its duties. The minimum public health standards issued by the IATF-EID, other health protocols, and Article XIII - COVID-19 Preventive Measures, Health and Safety Protocols During the Conduct of Final Testing and Sealing of VCM, Voting, Counting, and Transmission of Election Results of this Resolution, shall be strictly observed during these meetings.SEC. 22. Prohibition on Political Activity. - No member of the EB shall engage in any partisan political activity or take part in the election, except to vote and discharge his/her duties as such. SEC. 23. Temporary Vacancies in the Electoral Board. - If at the time of the meeting of the EB, any member is absent or a position in the EB is still vacant, the members present shall call upon the substitute of the absent members to perform the duties of the latter. In case such substitute cannot be found, the members present shall appoint any qualified non-partisan registered voter of the polling place to temporarily fill in said vacancy until the absent member appears or the vacancy is filled. In case there are two (2) or more members present, they shall act jointly. SEC. 24. Arrest of absent member. - The member or members of the EB present may order the arrest of any member or substitute thereof, who, in the member’s or member’s judgment, is absent with the intention of obstructing the performance of the duties of the EB. SEC. 25. Relief and Substitution of the Members of the Electoral Board. - The members of the EB shall not be relieved unless disqualified as provided in this Resolution. SEC. 26. Support Staff of the Electoral Board. - The EO shall, during the period for the constitution and appointment of the EB, appoint one (1) support staff to assist the EB in the performance of its duties. The support staff need not be a registered voter of the city or municipality but must possess all the other qualifications and none of the disqualifications for appointment to the EB. The numbers of additional support staff that may be appointed per EB are as follows: Number of Established Number of Additional EB Precincts in the Clustered Support Staff Precincts 1t03 0 Se eae | eee 5 or more — 2 | The EB support staff cannot participate in the deliberation of the EB or vote on any issue or question that may arise during the proceedings. In case of absence of any of the support staff on the day of the election, the EB, by majority vote, may designate a substitute who need not be a registered voter of the city or municipality, but possesses all the 13other qualifications and none of the disqualifications for appointment as support staff. SEC. 27. Department of Education/Ministry of Basic, Higher and Technical Education Supervisor Official and Support Staff; Composition, Qualification and Functions. - The EO shall, within the period for the constitution and appointment of the EB, constitute one (1) DESO and two (2) DESO Support Staff (one will act as Technical Support Staff and the other as Safety Protocol Officer), for every voting center. DESO and Support Staff need not be registered voters of the city or municipality or district where they are assigned but must possess all the other qualifications and none of the disqualifications for appointment to the EB. The EO may constitute an additional DESO and support staff/technical support staff in accordance with the following table: (a) For DESO: ~ Number of Clustered | Number of Additional Precincts _DESO 11-20 1 21-30 2 31-40 and so forth 3 using the same ratio (b) For Safety Protocol Officer Support Staff. Numl er of Clustered | Number of Additional | Precincts (DESO) Safety Protocol Officer Support Staff 6-10 1 11-15 2) 16-20 and so forth 3 using the same ratio (Q) For DESOTechnical Support Staff Number of Clustered Number of Precincts Additional DESO Technical Support Staff 6-10 1 11-15 2 16-20 and so forth 3 using the same ratioThe DESO, in coordination with the EO, shall: a. Serve as COVID Marshal. In case of two or more DESOs appointed in a voting center, the highest-ranking official shall be designated as Head COVID Marshal; b. Plan, organize, lay-out, and supervise the setting up of a Voters’ Assistance Desk (VAD)at the voting center to assist voters in locating their polling places or precinct assignments, including APPs and EAPPs; c. Supervise the strategic posting of the layout of the voting center indicating/showing the location of the polling places of the clustered precincts in the voting center, as well as the posting of other signages, which shall guide the voters in the voting process. d. Plan, organize, and supervise the crowd management at the ingress and egress areas of the polling places; e. Maintain a list of technical personnel, as well as PNP and AFP personnel, assigned in the voting centers for efficient, coordination; £. Supervise and maintain the APP and EAPP or makeshift EAPP, as the case may be, in the voting center; g. Serve as the contact and point person of the EO in the polling place or voting center; > . Supervise the Safety Protocol Officer Support Staff in implementing the minimum public health standards in voting centers; i, Supervise the Technical Support Staff in the exercise of their duties and functions as provided in the succeeding section of this Resolution; j. Designate each DESO Technical Support Staff to their respective clustered precincts; and k, Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission. SEC, 28. DESO Technical Support Staff; Additional Qualifications and Functions. - The DESO Technical Support Staff must be an IT-capable person and has undergone the basic training in installation, operation and troubleshooting of the VCM. The duties and functions of the DESO technical support staff are as follows:a. Report during the scheduled Final Testing and Sealing and on Election Day in the Voting Center where they are assigned. b. Remain in the assigned Voting Center for the entire duration of the Final Testing and Sealing; and on Election Day, until all the activities are concluded. c. Report to the CEMAC during the conduct of the Final Testing and Sealing and on Election Day the following: . Date and time of arrival at the Voting enter; @ Date and time of successful installation of the VCM of the clustered precinct/s under his/her jurisdiction; 3. Date and time of the start of voting of the clustered precinct/s under his jurisdiction; 4, Date and time on the date and time of the start close of voting of the clustered precinct/s under his jurisdiction; - The status of transmission of the clustered precinct/s on Election Day under his/her jurisdiction; 6. Missing items in the VCM box of the clustered precincts under his/her jurisdiction, if any; 7. Defective SD card for replacement; and 8. All other information or reports that may be required of them. d. Assist the EB in the installation of VCM, if so required. ¢. Troubleshoot the VCM in case of technical issues and provide solution, In case the technical issues cannot be resolved, refer to the CEMAC for the proper resolution. SEC. 29. DESO EAPP Support Staff. - The EO shall appoint support staff in every voting center in accordance with the COMELEC Resolution regarding EAPP, where an EAPP will be set-up as approved by the Commission. The EAPP support staff shall enjoy the same emoluments as other support staff members as provided in this Resolution. SEC. 30. Medical Personnel. -In every voting center, the EO shall appoint one (1) Medical Personnel from the deputized agencies to be assigned in the IPP. SEC. 31. Reportorial Requirements. ~The EO shall, within three (3) days from the constitution, appointment and designation of the (a) members of EB and their support staff (b) DESO and their support staff,(c) EAPP DESO Support Staff, and (d) medical personnel, submit to the Office of the Provincial Election Supervisor (OPES), the following: a. List containing the names of the appointed members of the EB, their designations and an indication whether they are public school teachers or private school teachers or civil service employees or private citizens, arranged by precinct; b. List containing the names of the appointed support staff of the EB, an indication whether they are public school teachers or private school teachers or civil service employees or private citizens, arranged by precinct; c. List containing the names of the appointed DESO and their support staff, an indication whether they are public school teachers or private school teachers or civil service employees or private citizens, arranged by polling/voting center; and d. List containing the names of the appointed medical personnel. ‘The Provincial Election Supervisor (PES) shall, within three (3) days from receipt of above enumerated documents, submit the same to the Office of the Regional Election Director (ORED), which shall then submit immediately the lists to the Finance Service Department (FSD) and Election and Barangay Affairs Department (EBAD) through the fastest possible means. Soft copies in PDF format are likewise to be submitted through email at finance@comelec.gov.ph and ebad@comelec.gov.ph. SEC. 32. Deputation of Members of the Philippine National Police (PNP). - Uniformed personnel of the PNP who have undergone trainings and DOST certification as provided in this Resolution on the Use of Vote Counting Machines; Process of Testing and Sealing; and Voting, Counting, and Transmission of Election Results, may be deputized as a Member of the EB, if the following circumstances are present: a. The peace and order situation in the area requires as determined by the Commission; and b. There are no other qualified, willing and available persons to render election service in the affected area based on the certification issued by concerned officials mentioned in Section 14 (Order of Preference), hereof. Where designated EBs fail to report on Election Day or retrieve the election documents from the City/Municipal Treasurer’s Office /Office of the Election Officer due to peace and order situation, the EO may designate PNP personnel as substitute EB. For this purpose, the PES shall determine the number of PNP personnel in every province subject to the approval of the RED. SEC. 33. Entitlement of Honoraria, Allowances, Service Credits and Other Benefits. - Persons rendering election-related service shall be entitled to the following:a. Honoraria. - The Chairperson and members of the EB, the DESO and their respective Support Staff and Medical Personnel shall be entitled to the corresponding honoraria: Chairperson of the EB P7,000.00 Member of the EB 6,000.00 DESO 5,000.00 Support Staff 3,000.00 Medical Personnel P3,000.00 b. Travel Allowance. - The Chairperson and members of the EB, the DESO and their respective support staff shall be entitled to a travel allowance of Two Thousand Pesos (P2, 000.00) each [One Thousand Pesos (P1,000.00) is for the Final Testing and Sealing and the other One Thousand Pesos (P1,000.00) is for Election Day]. EAPP and IPP support staff, and Medical Personnel shall be entitled to One Thousand Pesos (P1,000.00) only for Election Day. ce. Communication Allowance. - The DESO and DESO Technical Support Staff shall be entitled to a communication allowance of One Thousand Five Hundred Pesos (P1,500.00) each. d. Anti-COVID-19Allowance. - The members of the EB, DESO, and their respective Support Staff, Medical Personnel and EAPP support Staff shall be entitled to Anti-COVID-19 Allowance of Five Hundred Pesos (P500.00) each. e. Service Credit. - A minimum of five (5) days service credit shall accrue to all government officials and employees serving as EB,DESO, Medical Personnel and Support Staff. SEC. 34. Period of Payment. - The honoraria and allowances mentioned in the immediately preceding section shall be paid within fifteen (15) days from the date of election. SEC. 35. Delay in the Payment of Honoraria an Allowances; Effect. - Any person who makes or causes delay in the payment of honoraria and allowances due to persons who rendered election-related service beyond fifteen (15) days from the date of election shall be liable for an election offense. SEC. 36. Other Benefits. - Persons rendering election service shall be entitled to the following: a. Death Benefits - The amount of Five Hundred Thousand Pesos (P500,000.00) shall be awarded to the beneficiaries of persons who died due to election-related risk. b. Medical Assistance - An amount not exceeding Two Hundred Thousand Pesos (P200,000.00) shall be awarded to the person 18who rendered election-related service and suffered election- related injury or illness. SEC. 37. Legal Indemnification Package. - An equitable legal indemnification package for persons who rendered election-related service and have been a party in any administrative, civil, or criminal action, suit or proceeding, by reason of or on the occasion of performance of their functions or duties as such is hereby established in the form of: a. Legal assistance; b. Lawyer's fees; c. Indemnification for legal costs and expenses reasonably incurred; and d. Other forms of legal protection. The Legal indemnification shall not cover any action or suit initiated by the claimant in the latter’s personal capacity or on behalf of the Commission, unless such action, proceeding or claim was authorized by the Commission. Sec. 38. Funds for Legal Indemnification Package. - The amount of Fifty Thousand Pesos (P50,000.00) as legal indemnification package shall be made available to each claimant. Sec. 39. Committee on Claims and Assessment. - Claims for other benefits and legal indemnification package shall be filed with the Committee on Claims and Assessment (CCA) through the EO. The CCA shall be composed mainly of the Office of the Deputy Executive Director for Operations, Law Department, Personnel Department and FSD. Sec. 40. Legal Assistance. - A person who rendered election- related service is hereby authorized to engage the services of a government or private lawyer immediately upon receipt of a notice that a civil or criminal action, suit or administrative proceeding relating to any election service has been filed against said person. Sec. 41. Lawyer’s Fees. - In the engagement of the services of a government lawyer, no claims for lawyer’s fees shall be awarded. Should the claimant prefer to engage the services of a private lawyer, the Commission, upon the recommendation of the CCA of the concerned national government agency shall bear the reasonable lawyer's fees of the counsel of choice, which, in no case, shall exceed the maximum limit of the legal indemnification package herein provided, otherwise, the former shall bear the excess. In the event that private lawyers accept the case “pro bono”, no claims for lawyer’s fees shall be awarded. Sec. 42. Legal Costs and Other Reasonable Expenses. - Legal costs shall constitute the expenses directly incurred by reason of the case, such as but not limited to: 19a. Filing fees, if applicable; b. Mailing; c. Notarial fees; and d. Gathering of and photocopy of evidence. A reasonable amount from the legal indemnification package shall be allocated by the Commission for the payment of the actual expenses incurred for legal costs and other reasonable expenses. Sec. 43. Other Forms of Legal Protection. - The claimant may avail of any legal protection and remedies available under existing laws by filing a request for legal protection with the CCA. If, upon evaluation, the CCA finds the request to be meritorious due to existing or imminent threat, violence, harassment or intimidation against the claimant or any immediate member of claimant’s family, it shall recommend to the Commission En Bane, the deputation of law enforcement agencies to provide security to the claimant and/or claimant’s immediate family member within a specified period of time or until such time that the condition for the protection no longer exists. Sec. 44. Entitlement to Legal Indemnification Package. - The Claimant shall be allowed reimbursement for reasonable legal expenses incurred if found not guilty of an election offense or exonerated from civil, criminal or administrative case filed against him, in relation to election- related service, subject to usual accounting and auditing rules and regulations of the COA. ARTICLE III WATCHERS SEC. 45. Official Watchers of Candidates, Political Parties and Other Groups. - Each candidate, duly registered political party or coalition of political parties, associations or organizations participating in the Party-List System, and duly accredited citizens’ arms, may appoint in every polling place two (2) watchers who shall serve alternately. However, candidates for Senator, Member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan belonging to the same party or coalition, shall collectively be entitled to one (1) watcher. Other civic, religious, professional, business, service, youth, and any other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one (1) watcher in every polling place. If the space in a polling place reserved for watchers is insufficient, preference shall be given to the watchers of the dominant majority and dominant minority parties, as determined by the Commission. Watchers of the citizens’ arm shall be given preferential position closest to the EB. SEC. 46. Qualifications of watchers. - No person shall be appointed as a watcher unless said person: 20a. Is a registered voter of the city or municipality where such person is assigned; b. Is of good moral character; c. Has not have been convicted by final judgment of any election offense or of any other crime; d. Knows how to read and write Filipino, English or the prevailing local dialect; and e. Is not related within the fourth civil degree of consanguinity or affinity to the chairperson, or any other member of the EB in the polling place where such person seeks appointment as a watcher. SEC. 47. Rights and duties of watchers.- Upon entering the polling place, the watchers shall present to the chairperson of the EB their appointments as watchers and proof that he/she is a registered voter of the city or municipality where he/she is assigned. Their names shall be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition of parties, associations or organizations participating in the Party-List System that appointed them. At least fifteen (15) days before Election Day, independent candidates, and duly registered parties, organizations, or coalitions, coalition of parties, associations or organizations participating in the Party-List System shall provide the EO concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality of the polling place. ‘The watchers shall have the right to: a. Stay in the space reserved for them inside the polling place, except under the last paragraph of Section 45 of this Resolution; r Witness and inform themselves of the proceedings of the EB; c. Take note of what they may see or hear; d. Take picture, image, photo, or video of the proceedings and incidents, if any, during Final Testing and Sealing, counting of votes, transmission and printing of election returns provided the secrecy of the ballot shall be maintained at all times. In no case shall taking of pictures, images, photos, or videos while the voter is shading the ballot and feeding the same in the VCM be allowed. Violation of this paragraph shall constitute an Election Offense. 21e. File a protest against any irregularity or violation of law which they believe may have been committed by the EB or by any person present; f. Obtain from the EB a certificate as to the filing of such protest and/or the Resolution thereof; and g. Position themselves near the chairperson of the EB, observing the one-meter physical distancing requirement, while the chairperson is publicly announcing the precinct results. Watchers are not allowed to speak to any member of the EB or to any voter, or among themselves, in a manner that would disrupt the proceedings of the EB. The watchers representing the dominant majority and dominant minority parties, and the citizen’s arm shall, if available, affix their signatures and thumbmarks in the election returns. ARTICLE IV GENERAL PROVISIONS SEC. 48. Election Day. - The election shall be held on May 9, 2022. SEC. 49. Voting Hours. - The casting of votes shall be from six (6) o'clock in the morning up to seven (7) o'clock in the evening of Election Day. Voters who have not yet cast their votes but are within thirty (30) meters in front of the polling place by seven (7) o'clock in the evening of the Election Day shall still be allowed to cast their votes. The poll clerk shall promptly prepare a complete list in duplicate containing the names of said voters numbered consecutively. The voters so listed shall be called to vote by the poll clerk by announcing near the door of the polling place, in a tone loud enough to be heard throughout the polling place, each name three (3) times in the order in which they are listed. Any voter in the list who is not present or does not respond when called shall no longer be allowed to vote. The said list shall be attached to the Minutes. SEC. 50. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The poster indicating the clustered precinct number (CEF No. A3) shall be prominently posted near or on the door of the polling place. In no case shall there be a closed- circuit television (CCTV) inside the polling place. SEC. 51. Voters’ Assistance Desk (VAD). - To avoid gathering, crowding and huddling around the PCVL, there shall be in each voting center, a Voters’ Assistance Desk (VAD), manned by the PPCRV or in its absence, any accredited citizen’s arm under the supervision and control of the DESO. The VAD shall assist voters in ascertaining their precinct number, sequence number and direction to their polling place. 22